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MANCKE, WAGNER,'HERSHEY & TULLY
.
.
Kelly Duntee, sister to the Deter.dant, will testity to
the lack ot attention the natural mother has paid to ths child,
the excellent care that has been provided by the grandparents to
the child, and turther testity to the personal problems that the
natural mother has, particularly as it relates to her boytriend
and the alleged drug usa that the boytriend with whom the natural
mother resides.
Jineene Nelson will testity as to the grandparents'
loving care tor the child. She will also testity to the lack ot
concern and care that the natural mother has expressed.
Judith Hair will verity the Plaintiffs care ot the
child and the lack of care from the natural mother.
Finally, Plaintifts may call the natural mother as on
cross-examination.
II. paOPOSBD aBSOLUTIONI
It is proposed that primary physical care and legal
custody of the child be vested with the grandparents, Plaintiffs
herein, subject to periods of partial custody, which shall, for
the time being, be exercised at the home of the Plaintiffs
herein. This request is because of the lack of care and concern
expressed in the past by the natural mother, her l4Ck of care for
herself, and for her irresponsibility that has been exhibited
Lee R. Dunfee and
Susan Dunfee,
IN THE COURT OF COMMON PLEAS OF
Plaint ICfs
v.
CUMBERLAND COUNTY, PENNSYLVANIA
Bonnie Dunfee,
Defendant
NO. 96-6061 CIVIL TERM
v.
CUSTODY
John C. Rohrbaugh,
Defendant
AND NOW, t his
of November, 1997, upon
consideration of the attached Motion for Continuance, the matter
scheduled for hearing on October 27, 1997, at 1:30 p.m. in
Courtroom No.3, by this Court's Order of August 20, 1997, is
hereby rescheduled for hearing on March 2, 1998, at 1:30 p.m.
The Court Order of August 20, 1997, shall remain in effect
pending further Order of Court.
P. Richard Wagner
Attorney for Plaintiff
Joan Carey
Attorney for Defendant
James J. Kayer
Attorney for Defendant
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Lee Ro Dunfee and
Susan Dunfee,
IN TilE COURT OF COMMON PLEAS OF
Plaint Iffs
v.
CUMBERLAND COUNTY, PENNSYLVANIA
Bonnie Dunfee,
Defendant
NO. 96-6061 CIVIL TERM
v.
CUSTODY
John C. Rohrbaugh,
Defendant
MOTION FOR CONTINUANCE
The defendant, Bonnie Dunfee, by the through her attorney,
Joan Carey of Legal Services, Inc., moves the Court for an Order
rescheduling the hearing In the above-captioned case on the
grounds that:
1. A custody conciliation was held August I, 1997, with
Michael L. Bangs, regarding custody of Kodee Smith (Rohrbaugh)
(DOB 2/9/96).
20 After the conciliation conference, this Court issued an
Order on August 20, 1997, scheduling a hearing for October 27,
1997, at 1:30 p.m.
3. The parties, by and through their counsel, agree that
the hearing be rescheduledo
4. The parties understand that the Order of August 20,
1997, remains In effect pending further Order of Court.
WHEREFORE, the plaintiff requests that the Court grant this
Motion and reschedule this matter for hearing, with the
Order of August 20, 1997, remaining in effect pending further
Order of Court.
Respectfully submitted,
oari'Carey
'Attorney for
Bonnie Dunfee
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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MAN:::KE, WAGNER. HEilSHEY & TULLY
LEE R. DUNFEE and SUSAN E.
DUNFEE, his wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q6 - 6061 (f,U~( T~
v.
BONNIE DUNFEE and JASON
SMITH,
CIVIL ACTION - LAW
IN CUSTODY
Defendants.
ORDIR
AND NOW, this~day of N"~('mh(....- , 19~,
upon consideration of the attached Complaint, it is hereby
directed that the parties anq their respective counsel appear
before Mi' c:.. t:::.<" , the Concil~or, a,t
() ~ i'Y\ I , on -/1 hL{,.SrlLH/ ,
the "-~ayof ~ , 19<'~, at I,:wAM,
o'clock --~.m., for a Pre-Hear ng Custody Conference. At such
conferen~an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow
the issues to be heard by the Court, and to enter into a
temporary Order. All children age five or older may also be
present at the conference. Failure to appear at the conference
may provide grounds for entry of a temporary or permanent Order.
FOR THE COURT,
By /l1~~ /(~~
custody Conciliator -S9,?"(
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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LEE R. DUNFEE and SUSAN E. . IN THE COURT OF COMMON PLEAS
.
DUNFEE, his wife, CUMBERLAND COUNTY, PENNSYLVNAIA
Petitioners, NO. 9/;. {,tJt.1 C4;J.,- .J.-v-'
v. .
.
: CIVIL ACTION - LAW
BONNIE DUNFEE and JASON IN CUSTODY
SMITH,
Respondents. .
.
PBTITIOH TO COHrIRM CUSTODY
AND NOW, come the petitioners, LEE R. DUNFEE and SUSAN
E. DUltFEE, his wife, by and through their attorneys, MANCKE,
WAGN~~, HERSHEY & TULLY, and files the following petition to
confirm CUstody:
1. Your Petitioners, LEE R. DUNFEE and SUSAN E.
DUNFEE, his wife, are adult individuals residing at 2619 Walnut
Bottom Road, Carlisle, cumberland county, Pennsylvania.
2. The Respondent, BONNIE DUNFEE, is a minor, having a
date of birth as August 15, 1980.
3. The Respondent, JASON SMITH, is an adult individual
residing at R.D. #3, Middle Road, Newville, Cumberland county,
Pennsylvania.
4. Bonnie Dunfee is the natural daughter of the
Petitioners herein.
5. On or about February 9, 1996, a child was born out
of wedlock to the Respondent, BONNIE DUNFEE and the Respondent,
JASON SMITH.
6. BONNIE DUNFEE and JASON SMITH have never been
married.
7. BONNIE DUNFEE resides trom time to time with the
Petitioners herein at 2619 Walnut Bottom Road, Carlisle,
CUmberland County, pennsylvania, but has from time to time
disappeared and resided at places unknown to the Petitioners.
8. The Respondent, BONNIE DUNFEE, has been absent from
school a considerable period of time where she is an eleventh
grade student at Big springs High School.
9. At all times relevant hereto, since the birth of
KODEE SMITH to the Respondent BONNIE DUNFEE and the Respondent,
JASON SMITH, KODEE SMITH has been in the primary care of the
petitioners herein, LEE R. DUNFEE and SUSAN E. DUNFEE, his wife,
who are the maternal grandparents of the child.
10. The primary care taking of the child since the
birth of the child has been provided by the Petitioners heroin at
their residence at 2619 Walnut Bottom Road, Carlisle, Cumberland
county, Pennsylvania.
11. On Monday, October 7, 1996, the Respondent, BONNIE
DUNFEE, left her parents' home at 2619 Walnut Bottom Road,
Carlisle, Cumberland County, pennsylvania, and disappeared to
places unknown to the petitioners herein which resulted in the
Petitioners contacting the Pennsylvania State police and
reporting BONNIE DUNFEE to be a missing person.
12. Durinq the entire times that BONNIE DUNFEE has
vacated the home at 2619 Walnut Bottom Road, carlisle, Cumberland
county, Pennsylvania, she has not taken KODEE SMITH with her, but
has left the care of KODEE SMITH exclusively with the Petitioners
herein.
13. The petitioners are concerned about the stability
of their dauqhter, BONNIE DUNFEE, the natural mother of KODEE
SMITH, and her frequent absences from the home to places unknown
to the petitioners herein.
14. Since the Petitioners have been the primary
caretakers of KODEE SMITH, the Petitioners herein believe and
therefore aver that it is in the best interest of KODEE SMITH to
qrant primary physical custody of KODEE SMITH, born February 9,
1996, unto the Petitioners herein, the maternal qrandparents,
subject to periods of partial custody in the Respondents.
WHEREFORE, petitioners pray this Court to qrant their
request for primary physical custody of KODEE SMITH.
Respectfully submitted,
JIAJICltll, WA HIlRSHIlY , TULLY
()l'P"'/R~er, Esquire
IoD. V31:03
2?Ja~orth Front Street
_----airrisburq, PA 17110
- (717) 234-7051
Attorney for Petitioners
DATE:
VIRII'ICATIOII
I verity that the statements made in the toreqoinq
document are true and correct. I understand that talse
statements herein are made subject to the penalties ot 18 Pa.C.S.
seotion 4904, relatinq to unsworn talsitication to authorities.
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DATE: oc-1 Ir, IIf'lG
3. The parties shall reconvene for another conciliation before
Michael L. Bangs, Custody Conciliator, on ThurSday, July 31,1997, at
9:00 a.m.
4. This Order Is In no way intended to prejudice each party's
rights to make a claim for primsry custody of the minor child at a later
date.
BY THE COURT,
P. Richard Wagner, Esquire
Joan Carey, Esquire
John Rohrbaugh
128 Woods Road
Newville, PA 17241
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LEE R. DUNFEE and SUSAN
DUNFEE, his wife,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
vs,
NOo 96-6061 CIVIL TERM
BONNIE DUNFEE,
Defendant
CIVIL ACTION - LAW
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915,3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent Information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTH DATE
CURRENTLY IN
CUSTODY OF
Kodee Smith
February 9, 1996
Plaintiff
20 A Conciliation Conference was held on June 5, 1997, and the following
individuals were present: the Plaintiff and their attorney, P. Richard Wagner,
Esquire; the Defendant appeared with her attorney, Joan Carey, Esquire.
30 Items resolved by agreement: See attached Ordero
40 Issues yet to be resolved: An ultimate custody and visitation schedule
with mothero
5. The Plaintiff's position on custody is as follows: Plaintiffs are the
maternal grandparants of the minor child and they have essentially taken care of the
child since the child's birth, The natural mother Is their 16 year old daughter. The
natural mother moved out from the residence In November of 1996 and they heve
been the sole primary care takers since then. They believe that their daughter Is
not equipped to handle the child at this time.
6. The Defendant's position on custody is as follows: Defendant wants to
reacquaint herself with her son and obtain full custody of the child.
7. Need for separate counsel to represent child(ren): Neither party
requested.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
9. Other matters or comments: This is a situation where the meternal
grandparents will have been with the child since birtho Their daughter is currently
16 years oldo She moved out of the parents' residence in November of 1996. The
parties agreed that they will try a period of time to reacquaint the child with the
natural mother and to have the Mother work on her parenting skills. The hope is
that the parties will work towards a situation where Mother can regain the custody
of the child.
There was a question at the time of the conciliation concerning the fathero
An individual by the name of Jason Smith was identified as the father originallyo
LEE R, DUNFEE AND
SUSAN DUNFEE,
Plaintiffs
IN THE COURT Oil COMMON PLEAS OJl
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 96-6061 CIVIL TI!I(M
CIVIL ACTION. LA W
BONNIE DUNFEE,
Defendant
v,
JOHN Co ROHRBAUGH,
Additlonul Defendant IN CllS'I'OI> Y
~ ORIJJ<:R (W COUIIT
AND NOW, this ~ duy of July, )1)1)7, IIIl' cuurt IIcklluwlrllllhlll lis rccelpt of the lIutllrul
father's coullterclaim for panial physlcul custody I It Is hl'f'l'hy utlll'tl'd thut thll fllthcr shull be allowed
to panlclpute in the custody cOllclllutloll cOllferl'lIcL' thut hUH IWI'II Hclll'dulcll fur July 31, 1997 at 9:00
aomo at the office of Michael L, BUllgs, Esquire, Cllsllllly ('ullclllnlllr, lucnlrllnt :1()2 South 18th Street,
Camp Hill, Pennsylvania,
IIY Till! COllin,
cc: p, Ricllllrd Wagner, Esqllire
James J. Kayer, Esqlllre
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LEE R, DUNFEE and SUSAN
DUNFEE, his wife,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
vs.
NO. 96-6061 CIVIL TERM
BONNIE DUNFEE,
Defendant
CIVIL ACTION - LAW
CUSTODY
AND NOW, this
ORDER
3A<l day of ~6
, 1997.. upon receipt
of the Conciliator's Report, it appearing that the parties have agreed to the terms
and provisions of this temporllry Order which was dictated In their presence and
approved by them and their counsel, It Is hereby ordered and directed as follows:
'I, The maternal grandparents, Lee R. Dunfeo and Susan
Dunfee, shall have primary physical custody of the minor child, Kodee
Smith (Rohrbaugh), d,Oob, February 9, 1996,
20 The natural Mother of the child, Bonnie Dunfee, shall have
periods of partial custody and visitation with the child at a minimum ..
three evenings per week from 5:30 p.m, until 9:00 p,m. These
periods ef visitation shall occur In tho maternal grandparent's home,
but it is the hope and intention that MDther can exercise some periods
of visitation with the child outside of the homo.
EXIIIIHT "A"
3. The parties shall reconvene for another conciliation before
Michael L. Bangs, Custody Conciliator, on Thursday, July 31, 1997, at
9:00 eomo
4, This Order Is in no way Intended to prejudice each party's
rights to make a claim for primary custody of the minor child at a later
dateo
BY THE COURT,
151 J-\u\.89- F. 0 )~A./
p, Richerd Wagner, Esquire
Joan Carey, Esquire
John Rohrbaugh
128 Woods Road
Newville, PA 17241
mlb
TRUE COpy FROM RECORD
In Tcstim?n'/ ...,+,( rf,ilf, I hore untD set my hand
and the seal of said CDurt at Carlisle, Pa.
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5, Tho Plaintiff's position on custody is as follows: Plaintiffs aro tho
maternal grandparents of the minor child and they have essentially taken care of the
child sinco the child's birth, The natural mother is their 16 year old daughter. The
natural moth or moved out from tho residence in November of 1996 and they have
been ,he sole primary care takers since then. They believe that their daughter is
not equipped to handlo the child at this time,
6, The Defendant's position on custody is I1S follows: Defendant wants to
reacquaint herself with her son and obtain full custody of the child,
7. Need for separate counsel to represent child(ren): Noither party
requestedo
80 Need for Independont psychological evaluation or counseling: None
requested and the Conciliator does not beliove any is necessary,
90 Other matters or comments: This is a situation where the maternal
grandparents will have been with the child since birth. Their daughter is currently
16 years oldo She moved out of the parents' residence In November of 1996. The
parties agreod that they will try a period of time to reacquaint the child with the
natural mother and to have the Mother work on her parenting skills, The hope is
that the parties will work towards a situation where Mother can rogain the custody
of the child,
Thoro was a question at tho timo of tho conciliation concerning the fathor,
An individual by the name of Jason Smith was identified as the father originallyo
"
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Counterclaim for partial Custody was served
on the following person by First-class mail, po~1l1ge prepaid IIddressed to:
P. Richard Wagner, Esquire
Mancke, Wagner, Hershey & Tully
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiffs
and
Joan Carey, Esquire
Legal Services
8 Irvine Row
Carlisle, PA 17013
Attorney for Defendant, Bonnie Dunfee
Date: July 8, 1997
Jame Jo 'Ka 'r. ulre
LiW y Lor
4 Eo ibert A venue
Carl ole, P 17013
(71 ) 243-7922
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3. Items resolved by egreement: See attached Order.
4. Issues yet to be resolved: All ultimate custody and visitation schedule.
6. The Plaintiffs' position on custody Is as follows: Plaintiffs, the maternal
grandparents, have essentially raised the child since birth. The mother of the child
Is their daughter who Is 16 years of age. The natural mother movad out from the
rasldence in November, 1996, and they have been the sole primary care takers
since then. They believe that their daughter is not equipped to handle the child on
her own and will only agree to visitation which occurs In their home. They have
concerns about mother's living environment, particularly as it relates to her
boyfriend, Jason Smith, who allegedly made statements to them that he Is "hooked
on marijuana" and therefore they don't think the child should ba In that
environment.
6. The Defendant's position on custody Is as follows: The Mother agreed to
have visitation with the child at her parents' home In June of this year with the
anticipation that she be entitled to take the child out of the home. The parents
never let her take the child out of the home and from her perspective are unwilling
to allow her to show that she can care for the chlldo She requested initially that
she be given three days per week which would Include two overnights. She was
willing to compromise to allow her to have three days per week so long as she
could take the child out of the home, Her parents were not willing to agree to her
2
taking tha child out of the home because of their concerns about her boyfrland.
She denies that her boyfriend has the problems Indicated and that the child Is not In
a safe environment.
7. The Additional Defendant's position on custody is as follows: Father's
position is that he wants to acquaint himself with the child. He affectively had no
contact with the child until paternity was established. He has started to see the
child over at the maternal grandparents' house. Apparently his relationship with
the maternal grandparents Is fine for the time being and they will permit him to see
the child In accordance with this order. He also stated that the Mother's boyfriend
Is physically abusive towards the Mother and that he had concerns about the safety
of tha child at Mr. Smith's home.
8. Need for separate counsel to rflpresent child(ren): Neither party
requested.
9. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
100 A hearing In this matter will take one day.
11. Other matters or comments: This is a case involving a very young
mother with a baby, Her parents effectively have raised the child and have
concerns that their daughter, the mother of the child, is not equipped to handle tile
3
child on her own. Naturally, the maternal grandparents are concerned In that they
have effectively been the parents of the child, However, their primary and only
concern oeems to be that the mother Is living with someone, Jason Smith, who has
allegadly told tham that he has a drug problem and in an environment that they do
not believe is suitable. Therefore, their concern does not seem to be entirely
related to the mother's actual care taking ability, but rether what they perceive aa
her lack of resJ:'onsibility In choosing to live in an environment that they do not
believe is acceptable and one In which they don't believe that the child would be
safe. In other words, since the mother is choosing to live in an environment that
they do not accept, they assume that that shows that the mother is not responsible
enough to care for her child.
The Conciliator unsuccessfully tried to convince the maternal grandparents
that the mother be given the opportunity to prove that she is able to care for the
child on her own outside the house. The grandparents have effectively taken the
position that until they believe the mother shows good sense in choosing a proper
living environment, that the child should not be with the mother. The mother's
choice of living environments per se should not be the controlling factor if she can
show that she can care for the child and the child Is in a safe environmento
Without giving her the opportunity to show that, she will never be able to prove
that she is in fact ready to take on her role as the mother of this child,
4
As far as the Father Is concerned, he needs to get acquainted with the child
before he can start requesting additional time. If the Father shows that he Is willing
to take the time necessary to acquaint himself with the child, then his visitation
period should be expanded.
Date: August 13, 1997
Mich el L. Bangs
Custody Conciliator
5
.
1M R. Dunfee IIId Suaan Dunfee.
PIaintifti
; lNnm COURT OF COMMON PLEAS OF
: CUMBER.I.AND COUNTY, PENNSYLVANIA
: ~~I
: NO. 96- CIVlL TERM
: CUSTODY
v.
Boonio Dunfee,
Doti.rvf.nl
v.
I
John C. Robrbeugb.
Doti.rvf.nl
ORDRR FOR CONTINTTANCE
ANDNOW'-1~lz.of~ ,...._............"'..
alladwJ Motion for Continuance, tho mailer aclIoduIod for heering OIl MaJdJ 2, 1998, iI
cootinuod geoera1Iy. This Order- ia eoletod without prejudice to oither party to JP.""""duIe
a bamingo
Tho Court Order- or August 20, 1997, shall remain in olfoct powvIil18 fiutber Order-
orcourto
JOlUl Carey
Attorney for Defaldant, Boonlo Dunfi!e
James J. !Cayer
Allomey for Defendant, John Rohrbauah
P. Ridwd Wa8D<<
Attorney for PlaintiJU
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